Matthew Schoenberg v. Erin V. Schoenberg (2010)

MEMORANDUM OF DECISION

The parties appeared with counsel on January 25, 2010, in connection with the plaintiff's Motion for Contempt, Postjudgment (# 142) filed September 11, 2009.   The motion is in five counts and contains a number of claims of contemptuous conduct by the defendant in connection with parenting issues.   Counsel for the plaintiff called the plaintiff for testimony and the defendant as an adverse witness.   Both parties were subject to cross-examination by defendant's counsel.

The parties were married on December 4, 1999.   They have one child issue of the marriage, to wit:  Lilith Schoenberg born February 3, 2002.   On May 11, 2007, their marriage was dissolved.   Their Settlement and Property Agreement dated May 11, 2007, was incorporated by reference into the judgment.   The court reviewed the applicable provisions of the judgment referred to in the motion and the credible testimony of the plaintiff, and finds that the plaintiff has sustained his burden of proof in connection with the motion.   The court finds the defendant in willful contempt of court and awards counsel fees to the plaintiff of $2,000 payable within 30 days of the date of this decision.

SO ORDERED.

BY THE COURT

CARUSO, JTR

Caruso, John R., J.T.R.